Export and Import of Nuclear Equipment and Material; Updates and Clarifications, 29614-29630 [E9-14679]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Proposed Rules]
[Pages 29614-29630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14679]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / 
Proposed Rules

[[Page 29614]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 110

RIN 3150-AI16
[NRC-2008-0567]


Export and Import of Nuclear Equipment and Material; Updates and 
Clarifications

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Nuclear Regulatory Commission (NRC) is 
proposing to amend its regulations that govern the export and import of 
nuclear equipment and material. In addition to updating, clarifying and 
correcting several provisions, this proposed rule would allow Category 
1 and 2 quantities of materials listed in the Commission's regulations 
to be imported under a general license. The proposed rule would also 
revise the definition of ``radioactive waste'' and remove the 
definition of ``incidental radioactive material.''

DATES: The comment period for this proposed rule ends on September 8, 
2009. Comments received after this date will be considered if it is 
practical to do so, but the NRC is only able to assure consideration 
for comments received on or before this date. Submit comments specific 
to the information collection aspects of this rule by July 23, 2009.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the number RIN 3150-AI16 in the subject line of your 
comments. Comments on rulemakings submitted in writing or in electronic 
form will be made available to the public in their entirety. Personal 
information, such as your name, address, telephone number, e-mail 
address, etc., will not be removed from your submission.
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0567]. Address 
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail 
Carol.Gallagher@nrc.gov.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. (Telephone 
301-415-1677)
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    You may submit comments on the information collections by the 
methods indicated in the Paperwork Reduction Act Statement.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O-1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor 
will copy documents for a fee.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into ADAMS, which provides text and 
image files of NRC's public documents. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 
or by e-mail to PDR.Resource@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Brooke G. Smith, International Policy 
Analyst, Office of International Programs, U.S. Nuclear Regulatory 
Commission, MS-04E21, Washington, DC 20555-0001; telephone: 301-415-
2347; e-mail: brooke.smith@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion

    The NRC is proposing to amend its regulations for the export and 
import of nuclear equipment and material in 10 CFR Part 110, Export and 
Import of Nuclear Equipment and Material. The proposed rule would 
update, clarify, and correct several provisions in 10 CFR Part 110 to 
improve NRC's regulatory framework for the export and import of nuclear 
equipment, material, and radioactive waste. It would also clarify and 
correct the regulations addressing the general license for the export 
of byproduct material. In addition, changes are proposed to the 
regulations governing the export and import of Category 1 and Category 
2 quantities of radioactive materials listed in Appendix P to 10 CFR 
Part 110 and the definition of ``radioactive waste'' in 10 CFR Part 
110. A discussion of the most significant changes follows.

A. Category 1 and 2 Quantities of Radioactive Material Listed in 
Appendix P to Part 110

    On July 1, 2005, the NRC published a final rule that amended 10 CFR 
Part 110 to take into account provisions of the International Atomic 
Energy Agency (IAEA) Code of Conduct on the Safety and Security of 
Radioactive Sources (Code of Conduct), and the supplemental IAEA 
Guidance on the Import and Export of Radioactive Sources. The 
amendments provided for enhanced security for the export and import of 
Category 1 and Category 2 quantities of radioactive materials listed in 
a new Appendix P to 10 CFR Part 110 including new specific export and 
import licensing requirements, advance notification procedures prior to 
shipment, verification of the recipient facility's licensing status, 
and review of the adequacy of the receiving country's controls on 
radioactive sources.
    These requirements became effective on December 28, 2005. Since 
these new requirements have been implemented, the NRC has reevaluated 
the need for a specific license for the import of Category 1 and 2 
quantities of radioactive material to a U.S.-licensed user in light of 
enhancements made to the NRC's domestic regulatory framework. As a 
result, the NRC is proposing to amend 10 CFR Part 110 to allow imports 
of Category 1 and 2 quantities of materials listed in Appendix P under 
a general license. The proposed change would also align the NRC's 
regulations with the practices of other countries and is responsive to

[[Page 29615]]

the comments the NRC has received from U.S. licensees.
    The most significant enhancement pertinent to these materials is 
the establishment of the National Source Tracking System (NSTS) that 
will track from ``cradle to grave'' transactions involving Category 1 
and 2 radioactive sources (71 FR 65686; November 8, 2006). Licensees 
will be responsible for recording the manufacture, shipment, arrival, 
and disposal of all licensed and tracked Category 1 and 2 sources. For 
every nationally tracked source that is imported, the facility 
obtaining the source will be required to report the information to the 
NSTS by the close of the next business day after receipt of the 
imported source. The effective date for this proposed change to allow 
imports of Category 1 and 2 material under a general license would be 
delayed until the NSTS is fully operational; however, it is expected 
that the NSTS would be fully operational well before this proposed 
change is promulgated as a final rule. The current estimate for the 
launch of the NSTS (tracking of Category 1 and 2 sources) is January 
31, 2009. With the NSTS in place, there will be much more information 
about imported sources available to the staff, reducing the need for a 
specific license.
    Specifically, Sec.  110.27(f) would be revised by removing the 
specific license requirement for imports of radioactive material listed 
in Table 1 of Appendix P to 10 CFR Part 110. Conforming changes are 
proposed to Sec. Sec.  110.32, 110.43, and 110.50. Imports of 
radioactive material into the United States would continue to be 
contingent on the consignee being authorized to receive and possess the 
material under a general or specific NRC or Agreement State license. 
See Sec.  110.27(a). Moreover, importers of Category 1 and 2 materials 
under a general license would still be subject to the notification 
requirements prior to shipment as required by Sec.  110.50. The advance 
notifications of imports of Category 1 and 2 quantities of material, 
Sec.  110.50(c) would be revised to require the exporting facility 
name, location, address, contact name and telephone number as part of 
the pre-shipment notification.
    Additionally, Sec.  110.50(c) would be revised to require advance 
notifications of imports to be submitted seven days in advance of 
shipment. This change would permit NRC staff adequate time to verify 
the information provided in the advance notification. Currently, the 
pre-shipment notification is at least seven days in advance of each 
shipment, to the extent practical, but in no case less than 24 hours in 
advance of each shipment.
    Currently, at the time of the license application, for both 
Category 1 and Category 2 exports, the applicant for the export license 
is required to provide the NRC with pertinent documentation 
demonstrating that the recipient of the radioactive material has the 
necessary authorization under the laws and regulations of the importing 
country to receive and possess the material. For Category 2 exports, 
the NRC has waived this requirement for a number of licensees to allow 
the exporter to provide this authorization at the time of notification 
of shipment instead of at the time of the application. This waiver is 
consistent with the Code of Conduct and supplemental Guidance, under 
which the authorization from the importing country can be verified by 
the exporter of Category 2 material if permitted by the licensing 
agency.
    The proposed rule would amend Sec.  110.32 to allow the export 
licensee (for Category 2 material only) to verify the authorization 
from the importing country at the time of shipping instead of at the 
time of the license application. The regulations would continue to 
require licensees to send copies of the authorizations to the NRC.

B. Import and Export of Radioactive Waste

    In 1995, the NRC promulgated a final rule requiring specific 
licenses for exports and imports of radioactive waste (60 FR 37555; 
July 21, 1995). Since that time, based on the Commission's extensive 
experience in implementing the rule, it became clear that the rule 
warrants revision. Specifically, the definition of radioactive waste in 
10 CFR Part 110 is confusing and inconsistent with how the term is used 
domestically. Likewise, the term ``incidental radioactive material'' 
(IRM), as defined in 10 CFR Part 110, is unclear with regard to its 
scope, applicability, and relationship to radioactive waste. In 
particular, the meaning of the phrase ``recycling or resource 
recovery'' in the definition of IRM is unclear and difficult to apply 
because the concept of IRM is limited to 10 CFR Part 110. Consequently, 
the Commission is proposing changes to the definition of radioactive 
waste in Sec.  110.2 to address these concerns. Among the proposed 
changes is the deletion of the definition of IRM from Sec.  110.2 and 
incorporation of aspects of it in the revised definition of radioactive 
waste. These proposed changes to 10 CFR Part 110 will facilitate the 
licensing process for exports and imports of radioactive waste and 
improve the efficiency and consistency of licensing actions.
    A specific license would be required for the export and import of 
radioactive waste if a specific radioactive material license is 
required to possess the material domestically in accordance with NRC's 
regulations in 10 CFR Chapter 1 (e.g., Parts 30, 40, and 70). This 
revision would link the specific license requirement for the export and 
import of radioactive waste to those materials (in the form of waste) 
that require a specific license in accordance with NRC's domestic 
regulations. This would eliminate the need for a specific license to 
export or import materials that do not require a specific license to 
possess under NRC's regulations in 10 CFR Chapter 1. In addition, this 
proposed change would improve consistency and eliminate some of the 
differences between the domestic licensing requirements for possession 
and the licensing requirements for export and import.
    The proposed changes would require a specific export or import 
license for any material that requires a specific NRC license to 
possess domestically, in accordance with the requirements in 10 CFR 
Chapter 1, that is exported or imported for the purposes of (1) 
disposal in a land disposal facility as defined in Part 61, a disposal 
area as defined in Appendix A to Part 40, or an equivalent facility; or 
(2) recycling, waste treatment or other waste management process that 
generates radioactive material for disposal in a land disposal facility 
as defined in Part 61, a disposal area as defined in Appendix A to Part 
40, or an equivalent facility. This change would simplify the 
regulatory framework by clearly stating that exporting or importing 
material for recycling, waste treatment, or other waste management 
process that generates radioactive material for disposal in a Part 40 
or Part 61 facility (or the equivalent) would require a specific export 
or import license.
    This proposed rule would also delete the definition of ``incidental 
radioactive material'' from 10 CFR Part 110. The purpose of this 
proposed change would be to clarify the scope of ``radioactive waste'' 
and to address confusion created by the current definition of IRM. 
While the proposed rule would delete the definition of IRM, the rule 
does incorporate aspects of IRM into the revised definition of 
radioactive waste and the exclusions from that definition. For example, 
the current scope of the exclusion related to contamination on service 
equipment (including service tools) used in nuclear facilities (if the 
service equipment is being shipped for use in another nuclear facility 
and not for waste management purposes or

[[Page 29616]]

disposal) would be expanded and broadened to include some of the 
material that currently falls under the definition of IRM such as 
launderable protective clothing.
    There are three exclusions from the current definition of 
``radioactive waste.'' Under the proposed rule, the three exclusions 
would be retained, with some modifications, and two new exclusions are 
proposed. The five proposed exclusions are set forth below:
    1. Radioactive material in sealed sources or devices containing 
sealed sources being returned to any manufacturer, distributor or other 
entity which is authorized to receive and possess them. Under the 
current exclusion, the scope is limited to sources or devices being 
returned to a manufacturer. The proposed change would allow the return 
of sources or devices to distributors and other appropriately 
authorized entities. Licensing and notification requirements for 
Category 1 and Category 2 quantities of material listed in Table 1 of 
Appendix P would apply where applicable.
    2. A contaminate on any non-radioactive material used in nuclear 
facilities, if the item is being shipped for recovery and beneficial 
use of the non-radioactive component in a nuclear facility and not 
solely for waste management purposes or disposal. The current scope of 
the exclusion related to contamination on service equipment (including 
service tools) used in nuclear facilities (if the service equipment is 
being shipped for use in another nuclear facility and not for waste 
management purposes or disposal) would be expanded and broadened to 
include some of the material that currently falls under the definition 
of IRM such as launderable protective clothing.
    3. Materials exempted from regulation by the Nuclear Regulatory 
Commission or equivalent Agreement State regulations. This proposed 
exclusion is consistent with the previously mentioned revision that 
links the requirement for a specific import or export license for 
radioactive waste to the specific licensing requirements in 10 CFR 
Chapter 1 (e.g., Parts 30, 40, and 70). This change would eliminate 
some differences between NRC's export and import regulations and 
domestic regulation of the same material or equipment.
    4. Materials generated or used in a U.S. Government waste research 
and development testing program under international arrangements. No 
changes are proposed to this exclusion.
    5. Materials being returned by or for the U.S. Government or 
military to a facility that is authorized to possess the material. This 
proposed exclusion recognizes that the U.S. Government or military 
will, in certain circumstances, seek to return material to the United 
States. Material returned must be to a facility that is authorized to 
possess the material.

C. General License for the Export of Byproduct Material

    The NRC staff regularly receives questions from the regulated 
community regarding the application of Sec.  110.23, General license 
for the export of byproduct material. Our experience has demonstrated 
the need to revise several requirements for the export of byproduct 
material in order to clarify the requirements and to address 
inconsistencies inadvertently resulting from prior changes made to the 
section in 1994 (September 26, 1994; 59 FR 48994) and 2000 (November 
22, 2000; 65 FR 70287).
    Prior to 1994, a general license was issued to any person to export 
any byproduct material, except for tritium, polonium-210, neptunium-
237, and americium-241, to any country not listed in Sec.  110.28 
(embargoed destinations). In 1994, the NRC revoked the general license 
for Nuclear Supplier Group (NSG)-controlled alpha-emitters and 
International Atomic Energy List of the Coordinating Committee on 
Multilateral Export Controls (COCOM)-controlled transuranic isotopes. 
The NRC established a new general license to permit the export of the 
specified alpha-emitting radionuclides to countries which are members 
of the NSG and to permit the export of the specified alpha-emitting 
radionuclides to most other countries when in a device, or in a source 
for use in a device, containing less than 3.7 x 10-3 
terabecquerels (TBq) (100 millicuries (mCi)) of alpha activity per 
device or source. (10 CFR Part 71, Appendix A, provides specific 
activities in terabequerels per gram and in curies per gram.) The 
alpha-emitting radionuclides added to Sec.  110.23 (a)(2) in 1994 were:

Actinium-225.
Actinium-227.
Californium-248.
Californium-250.
Californium-252.
Curium-240.
Curium-241.
Curium-242.
Curium-243.
Curium-244.
Einsteinium-252.
Einsteinium-253.
Einsteinium-254.
Einsteinium-255.
Fermium-257.
Gadolinium-148.
Mendelevium-258.
Polonium-208.
Polonium-209.
Polonium-210.
Radium-223.

The NRC also revoked the general license for americium-242m, 
californium-249, californium-251, curium-245, and curium-247 
(transuranic isotopes) to conform NRC's regulations with the COCOM 
control list.

    At the final rule stage, curium-246 was added to Sec.  110.23(a)(1) 
(1994) which had the effect of restricting the general license for 
curium-246 to a specified activity level. It appears that this 
restriction was in error. Curium-246 is not on the NSG-control list or 
the COCOM-control list. Further, there is no discussion in the final 
rule (or the proposed rule) in 1994 of restricting the general license 
for curium-246 at a specified activity level. Therefore, this proposed 
rule would remove the limitation on the general license for export. 
Curium-246, at any activity level, could be exported under a general 
license to any country not listed in Sec.  110.28 (embargoed 
destination).
    As a result of the 2000 amendments, the NSG-controlled and COCOM-
controlled radionuclides were merged into Sec.  110.23(a)(2) (2000). 
Americium-241 and neptunium-237 were included in this section even 
though they were not NSG- or COCOM-controlled. All of the radioisotopes 
listed in that section could be exported under a general license up to 
3.7 x 10-3 TBq (100 millicuries).
    In the proposed rule, new Sec.  110.23(a)(2) would contain the 
requirements for COCOM-controlled radionuclides and new Sec.  
110.23(a)(4) would contain the general license for the NSG-controlled 
alpha-emitting radionuclides.
    The general license for americium-241 would also be revised. In 
2000, when Sec.  110.23 was clarified for ease of reading, americium-
241 (and neptunium-237) were included in the ``merged'' list of NSG- 
and COCOM-controlled radionuclides even though they were not NSG- or 
COCOM-controlled (see Sec.  110.23(a)(2) (2000)). The effect of the 
2000 amendments was to restrict the general license for exports of 
americium-241 to 3.7 x 10-3 TBq (100 mCi). Prior to the 
changes in 2000, there were no activity restrictions on exports to 
countries not listed in Sec. Sec.  110.29 (restricted destinations) and 
110.28 (embargoed destinations). Americium-241 exports under a general 
license could not exceed 3.7 x 10-2 TBq

[[Page 29617]]

(one curie) per shipment or 3.7 TBq (100 curies) per year to any one 
country listed in Sec.  110.29. For exports to Sec.  110.29 countries 
that exceeded the limit above, the americium-241 must be contained in 
petroleum exploration or industrial process control equipment in 
quantities not exceeding 0.74 TBq (20 curies) per device or 7.4 TBq 
(200 curies) per year to any one restricted country.
    In 2005, the Commission published a final rule that conformed NRC's 
export and import regulations to the provisions of the IAEA Code of 
Conduct and supplemental Guidance (July 5, 2005; 70 FR 37985). The 
specific radioactive material and quantities added by this rule are 
listed in Table 1 of Appendix P to 10 CFR Part 110. Americium-241 is 
one of the materials listed in this table. As a result of the 2005 
rule, an NRC specific license was required to export (and import) these 
radioactive materials at Category 2 and above quantities. For 
americium-241, the Category 2 threshold limit was set at 0.6 TBq (16 
Ci). As part of the 2005 rulemaking, changes were made to the general 
license for americium-241 in an effort to conform it to the threshold 
for americium-241 in Table 1 of Appendix P. The staff is now proposing 
to remove americium-241 from Sec.  110.23 (a)(2) which currently 
controls it at 3.7 x 10-3 TBq (100 mCi) and rewrite the 
general license for americium-241 in proposed Sec.  110.23(a)(5) to 
address the inconsistencies inadvertently resulting from prior changes 
to the section and to take into account the Appendix P thresholds for 
americium-241.
    Likewise, the general license for the export of neptunium-237 would 
be revised to address inconsistencies resulting from prior rule 
changes. Under this proposed rule the general license for the export of 
neptunium-237 would cover shipments that do not exceed one gram for 
individual shipment and do not exceed a cumulative total of 10 grams 
per year to any one country. The general license would be found in 
Sec.  110.23(a)(6) of this proposed rule.
    We also reexamined the general license to export tritium. Several 
editorial changes are proposed for the general license in an effort to 
make it more readable. Over the years, the various restrictions 
applying to the general license to export tritium had been merged into 
a single subparagraph--currently, Sec.  110.23 (a)(6). In this proposed 
rule, the general license for tritium has been divided into four 
sections, Sec.  110.23(a)(8)(i) through (a)(8)(iv), for clarity.

II. Section-by-Section Analysis

Subpart A--General Provisions

    Section 110.1, Purpose and scope. The proposed rule would remove 
paragraph (b)(2). None of the items controlled by the Department of 
State pursuant to 22 CFR Parts 120 through 130, ``International Traffic 
in Arms Regulations'' (ITAR), are within the scope of the NRC's 
regulations. Also, the citations in paragraphs (b)(3) and (b)(4) would 
be corrected.
    Section 110.2, Definitions. The proposed rule would revise the 
definitions for Agreement for cooperation, Atomic Energy Act, 
Classified Information, Conversion facility, Depleted uranium, 
Effective kilograms of special nuclear material, Embargoed, Executive 
Branch, General license, Heels, Medical isotope, Natural uranium, Non-
Nuclear Weapons State, NRC Public Document Room, Obligations, Physical 
security, Radioactive waste, Radiopharmaceutical, Recipient Country, 
Restricted destinations, and Specific license to make editorial 
changes. The proposed revision to the definition of radioactive waste 
is discussed in detail in Section 1.B of this document. The definitions 
for Bulk material, Low-level waste compact, and Nuclear Suppliers Group 
would be added for clarification purposes. In addition, the proposed 
rule would remove the definition of Incidental radioactive material as 
discussed in Section 1.B of this document.
    Section 110.4, Communications. Changes would be made to update a 
reference to an NRC Web site URL.
    Section 110.6, Retransfers. The proposed rule would add language to 
clarify the scope of the provisions to be consistent with the 
requirements of the Atomic Energy Act. Paragraph (b) would be amended 
to update the address for the Department of Energy.
    Section 110.7, Information collection requirements: OMB approval. 
Changes would restructure the section for clarification and would make 
a minor editorial change.
    Section 110.7a, Completeness and accuracy information. The proposed 
rule would make an editorial change to paragraph (b).

Subpart B--Exemptions

    Section 110.10, General. The proposed rule would amend paragraph 
(c) to clarify that an exemption does not relieve any person from 
complying with the regulations of other U.S. Federal and/or State 
Government agencies.
    Section 110.11, Export of IAEA safeguards samples. Editorial 
changes are proposed to the text.

Subpart C--Licenses

    Section 110.19, Types of licenses. The proposed rule would amend 
paragraph (a) by removing the last sentence regarding compliance with 
other applicable regulations. The requirement that general and specific 
licensees are subject to other applicable laws or regulations is 
already addressed in Sec.  110.50(a). This proposed rule would also 
remove paragraph (b) which relates to exports of incidental radioactive 
material.
    Section 110.20, General license information. The proposed rule 
would remove references to ``incidental radioactive material'' and 
correct citations in paragraph (a). Paragraph (d) would be amended to 
preclude use of generally licensed material in any illegal or 
inappropriate activity such as use in a radiological dispersion device, 
diversion of material or equipment, and other malicious acts.
    Section 110.21, General license for the export of special nuclear 
material. The proposed rule would remove the general license provision 
related to the export of incidental radioactive material in paragraph 
(e) and make editorial changes to paragraphs (a), (b), and (c).
    Section 110.22, General license for the export of source material. 
The proposed rule would make editorial changes, correct internal 
reference errors in paragraphs (a), (b), (c), (d), (e), and (f), and 
would add a reference to paragraph (e) to the text of paragraph (f). 
The amendment would remove the general license provision related to the 
export of incidental radioactive material in paragraph (g).
    Section 110.23, General license for the export of byproduct 
material. The proposed rule would make editorial and organizational 
changes to clarify requirements. No new substantive requirements are 
proposed. These changes are discussed in detail in Section I.C of this 
document.
    Section 110.24, General license for the export of deuterium. 
Proposed editorial changes would clarify the text to improve 
readability.
    The proposed rule would amend 10 CFR Part 110, by adding and 
reserving Sec.  110.25. This change is made to clarify that there is 
not a printing error in 10 CFR Part 110 and reserve this section for 
possible future changes to the regulations.
    Section 110.26, General license for the export of nuclear reactor 
components. The proposed rule would amend Sec.  110.26 by restructuring 
paragraph (a)

[[Page 29618]]

to clarify that the general license covers components solely of U.S. 
origin. Paragraph (a)(1) would be removed, and the text incorporated 
into paragraph (a). Paragraphs (a)(2) and (a)(3) would be redesignated 
as (a)(1) and (a)(2), respectively. New paragraph (a)(2) would be 
amended to allow a component to be returned to the United States after 
final fabrication or repair or to be used in a nuclear power or 
research reactor in one of the destinations listed in the section. This 
would allow, for example, a component that was sent to Japan for final 
fabrication or repair to be sent to Spain for use in a nuclear power or 
research reactor in that country. The list of destinations in paragraph 
(a) would be moved to new paragraph (b). The subsequent paragraphs 
would be renumbered accordingly.
    New paragraph (b) would be revised to include additional 
destinations to which exports may be sent under a general license. 
These destinations are Cyprus, Estonia, Hungary, Malta, Poland, Slovak 
Republic, and Slovenia. The United States has received broad generic 
assurances from EURATOM which would also apply to these new EURATOM 
member countries for purposes of section 109b. of the Atomic Energy 
Act.
    Section 110.27, General license for imports. The proposed rule 
would amend Sec.  110.27 by removing paragraphs (a)(1) and (a)(2). 
NRC's import regulations do not apply to the Department of Energy for 
activities authorized by sections 54, 64, 82, and 91 of the Atomic 
Energy Act. This includes activities conducted under a contract with 
the Department of Energy. We are proposing to remove paragraph (a)(2) 
because a general license should not be required for the import of 
byproduct, source, or special nuclear material when that same material 
is exempt from NRC domestic licensing requirements. The current 
inconsistency between NRC's import licensing requirements and NRC's 
domestic licensing requirements is a source of confusion. This change 
would clarify that material that is exempt or else not subject to 
domestic licensing requirements (e.g., Sec.  31.18 and Sec.  40.13) 
would not require a general or specific import license unless otherwise 
mandated in 10 CFR Part 110.
    Paragraph (b) would be revised to clarify that the 100 kilograms 
per shipment limit only applies to the material and does not include 
the weight of the container. As revised, this paragraph would state 
that the general license in paragraph (a) does not authorize the import 
of source or special nuclear material in the form of irradiated fuel if 
the total weight of the material exceeds 100 kilograms per shipment.
    Section 110.27 would be revised at paragraph (f) by removing the 
specific license requirement for imports of radioactive material listed 
in Table 1 of Appendix P to 10 CFR Part 110. As discussed in detail in 
Section I.A of this document, this proposed rule would allow Category 1 
and Category 2 quantities of radioactive materials to be imported under 
a general license.
    Section 110.30, Members of the Nuclear Suppliers Group. The 
proposed rule would update the list of Nuclear Suppliers Group members 
by adding ``China,'' ``Croatia,'' ``Estonia,'' ``Kazakhstan,'' 
``Lithuania,'' and ``Malta.''
    Section 110.31, Application for a specific license. The proposed 
rule would amend this section to require requests for an exemption from 
a licensing requirement to be filed on NRC Form 7. This is consistent 
with NRC regulations that require all licensing requests (i.e., 
exports, imports, combined export/import, amendment, and renewal 
applications) to be made using NRC Form 7. See 71 FR 19102; April 13, 
2006.
    Section 110.31 would be changed to require a request for an 
exemption from a licensing requirement to be accompanied by the 
appropriate fee in accordance with the fee schedule in Sec.  170.21 and 
Sec.  170.31. This change is consistent with the Fiscal Year 2007 NRC 
Fee Rule which established a flat fee for requests for exemptions from 
NRC's export and import licensing requirements. See 72 FR 31402; June 
6, 2007. This change would update 10 CFR Part 110 to reflect recent 
changes to the fee schedule in 10 CFR Part 170.
    Additionally, the proposed rule would add a signature requirement 
to Sec.  110.31 that each application submitted on NRC Form 7 must be 
signed by the applicant or licensee or a person duly authorized to act 
for and on behalf of the applicant or licensee. This proposed change is 
consistent with requirements related to applications for specific 
licenses in other parts of NRC's regulations. It would also clarify 
that a signature is required to certify the veracity of information 
submitted to the agency on the NRC Form 7.
    Finally, the order of paragraphs (b) and (c) would be reversed so 
that Sec.  110.31 flows in a more logical manner where the requirement 
for an application for a specific license to export or import or a 
request for an exemption from a licensing requirement precedes the 
requirement that such an application or request be accompanied by the 
appropriate license fee. In paragraph (b), as revised, ``combined 
export/import'' would be removed to be consistent with the proposal to 
allow imports of Category 1 and 2 materials listed in Table 1 of 
Appendix P of 10 CFR Part 110 under general license.
    Section 110.32, Information required on an application for a 
specific license/NRC Form 7. The proposed rule change to paragraph (b) 
would clarify that the name and address of any other party, including 
the supplier of the equipment or material, if different from the 
applicant, must be provided on the application. Paragraphs (f)(1) and 
(f)(2) would be amended for consistency purposes. Specifically, for the 
export of nuclear equipment to a foreign reactor, a license application 
would include the name of the facility so the NRC would know whether 
Executive Branch review is required, per Sec.  110.41(a)(7).
    This section would also be amended to clarify that applicants for 
the import of radioactive waste must provide the classification of that 
waste as defined in 10 CFR 61.55 when the waste is being imported for 
direct disposal. If the waste is being imported for treatment or 
management at an NRC or Agreement State licensed waste processor, 
classification, as defined in 10 CFR 61.55, is not required. Rather, a 
detailed characterization (physical and chemical characteristics) of 
the waste being imported for treatment or management must be provided 
in the application.
    Paragraph (g) would be deleted to conform this section with the 
proposed change which would allow Category 1 and Category 2 quantities 
of radioactive materials to be imported under a general license. This 
proposed change is discussed in more detail in Section I.A of this 
document and in the section-by-section analysis for Sec.  110.27.
    Paragraph (h) would be redesignated as new paragraph (g) and would 
allow the exporter of Category 2 quantities of material listed in Table 
1 of Appendix P to provide the pertinent documentation that the 
recipient of the material has the necessary authorization under the 
laws and regulations of the importing country to receive and possess 
the material to the NRC at least 24 hours prior to the shipment. These 
changes are discussed in Section I.A of this document. The requirement 
that the applicant for a Category 1 export license provide the NRC, at 
the time the application is submitted, with pertinent documentation 
demonstrating that the recipient of the radioactive material has the 
necessary authorization (usually in the form of a license) under the 
laws and regulations of the importing country

[[Page 29619]]

to receive and possess the material would remain unchanged.

Subpart D--Review of License Applications

    Section 110.40, Commission review. The proposed rule would amend 
this section to reduce the number of export license applications that 
require Commission review and would, instead, focus Commission review 
on the export license applications that raise significant policy 
issues. For example, mandatory Commission review of export applications 
for nuclear grade graphite for nuclear end use and 1,000 kilograms or 
more of deuterium oxide would no longer be required unless the export 
raises an important policy issue. The proposed change also would 
increase the proposed export of one effective kilogram of high-enriched 
uranium, plutonium or uranium-233 to five effective kilograms for 
mandatory Commission review. The change would mandate Commission review 
of import license applications that raise significant policy issues. By 
focusing on policy issues, this proposed change would increase 
efficiency and reduce fees on routine NRC export applications. Any 
export that is subject to special limitations as determined by the 
staff or the Executive Branch would be considered one that raises an 
important policy issue and would continue to require Commission review. 
This proposed rule would add a requirement for Commission review of 
export applications of material listed in Table 1 of Appendix P to 10 
CFR Part 110 involving exceptional circumstances, as defined in Sec.  
110.42, or Category 1 quantities of material to any country listed in 
Sec.  110.28.
    Section 110.41, Executive Branch review. The proposed rule would 
amend Sec.  110.41 to make a minor editorial change and to require 
Executive Branch review of exports raising significant policy issues, 
including exports of radioactive material listed in Table 1 of Appendix 
P to 10 CFR Part 110 involving exceptional circumstances as defined in 
Sec.  110.42. Also, the export of radioactive material listed Table 1 
of Appendix P to any country listed in Sec. Sec.  110.28 or 110.29 
would require the review of the Executive Branch in accordance with 
Sec.  110.41(a)(9).
    Section 110.43, Import licensing criteria. The proposed rule would 
amend Sec.  110.43 to clarify that, with respect to the import of 
radioactive waste, the NRC consults with the host State(s), and, if 
applicable, the appropriate low-level waste compact commission(s) to 
confirm that an appropriate facility has agreed to accept and is 
authorized to possess the waste for management or disposal. Commission 
policy, as noted in the 1995 final rule on the export and import of 
radioactive waste, states that:

    The NRC will not grant an import license for waste intended for 
disposal unless it is clear that the waste will be accepted by a 
disposal facility, host State, and compact (where applicable). This 
will be part of the determination regarding the appropriateness of 
the facility that has agreed to accept the waste for management or 
disposal.

    See Final Rule, Import and Export of Radioactive Waste, 60 FR 27556 
(July 21, 1995). This proposed change would address the questions that 
the NRC receives on the scope of the host State and low-level waste 
compact commission's (if applicable) role regarding the NRC's review of 
import applications for radioactive waste.
    Additionally, the proposed rule would amend Sec.  110.43 to remove 
the import licensing criteria related to the imports of radioactive 
material listed in Appendix P. This change conforms Sec.  110.43 with 
the proposed change to allow Category 1 and Category 2 quantities of 
radioactive materials to be imported under a general license. This 
change is discussed in more detail in Section I.A to this document and 
in the section-by-section analysis for Sec.  110.27.
    Section 110.44, Physical security standards. The proposed rule 
would correct the Web site reference for the National Archives and 
Records Administration. Changes are proposed to Sec.  110.44(b)(1) that 
would clarify that the Commission determinations on the adequacy of 
physical security measures are based on receipt by the appropriate U.S. 
Executive Branch agency of written assurances from the relevant 
recipient country governments that physical security measures for 
providing protection at least comparable to the recommendations set 
forth in INFCIRC/225/Rev. 4 (corrected).
    Section 110.45, Issuance or denial of license. The proposed rule 
would amend this section to remove the parenthetical text in paragraph 
(a) that states ``If an Executive Order provides an exemption pursuant 
to section 126a of the Atomic Energy Act, proposed exports to EURATOM 
countries are not required to meet the criteria in Sec.  110.42(a)(4) 
and (5)''. This is no longer needed because the Agreement for 
Cooperation in the Peaceful Uses of Nuclear Energy Between the European 
Energy Community (EURATOM) and the United States of America that went 
into effect in 1995 obviates the need for a presidential exemption.
    The proposed rule would make conforming changes to paragraph 
(b)(4), which would be consistent with the proposed changes to Sec.  
110.43(d), regarding the issuance of an import license of radioactive 
waste. Paragraph (b)(5) would be removed to eliminate the criteria 
related to the imports of radioactive material listed in Appendix P to 
10 CFR Part 110. This change would conform Sec.  110.45 with the 
proposed change to allow Category 1 and Category 2 quantities of 
radioactive materials to be imported under a general license. This 
change is discussed in more detail in Section I.A to this document and 
in the section-by-section analysis for Sec.  110.27. Additionally, 
Sec.  110.45(d) would be amended to clarify that the provisions in this 
paragraph do not apply to Commission decisions regarding license 
applications for specific licenses to export radioactive material 
listed in Table 1 of Appendix P to 10 CFR Part 110.

Subpart E--License Terms and Related Provisions

    Section 110.50, Terms. The proposed rule would make several 
editorial, clarifying, and conforming changes to this section. In 
paragraph (a)(1), proposed changes would clarify that each license is 
subject to all applicable provisions of the Atomic Energy Act or other 
applicable law. Paragraph (a)(4) would be rewritten and renumbered 
(a)(5) to make clear that each license issued by the NRC for the export 
or import of nuclear material authorizes only the export or import of 
that nuclear material and accompanying packaging, fuel element, 
hardware, or other associated devices or products. Paragraph (b)(5) 
would be revised to remove reference to 10 CFR Parts 40, 70, 71, and 73 
and renumbered as paragraph (a)(3). This license term applies to both 
general and specific licenses and should be found in paragraph (a).
    In paragraph (b)(2), proposed changes would clarify that a licensee 
may export or import only for the purpose(s) and/or end-use(s) stated 
in the specific export or import license issued by the NRC. Paragraph 
(b)(3) would be amended by adding a new paragraph (b)(3)(i) and 
renumbering current paragraphs (b)(3)(i) and (b)(3)(ii) as (b)(3)(ii) 
and (b)(3)(iii), respectively. New paragraph (b)(3)(i) would clarify 
that prior to shipment of certain nuclear material or equipment that 
has associated with it export controls imposed by other countries 
(foreign-obligated material or equipment), a license amendment may be 
required to authorize the shipment. Alternatively, the licensee could 
give the NRC 40 days

[[Page 29620]]

advance notice of the intended shipment.
    Paragraph (b)(4) would be redesignated as new paragraph (c) and 
would include the requirements for advanced notifications related to 
the export or import of radioactive material listed in Table 1 of 
Appendix P to 10 CFR Part 110. Proposed changes to the advance 
notification requirements would conform this section with the proposed 
change to allow Category 1 and Category 2 quantities of radioactive 
materials to be imported under a general license. This change is 
discussed in more detail in Section I.A of this document and in the 
section-by-section analysis for Sec.  110.27. Additionally, editorial 
changes are proposed to update the Web site information for the Office 
of International Programs and to provide specific details on where to 
send the information required for export and import notifications.
    Section 110.51, Amendment and renewal of licenses. The proposed 
rule would amend Sec.  110.51 to separate the requirements for license 
amendments and renewals into separate paragraphs. This proposed change 
would clarify the differences in requirements between amendment and 
renewal requests and improve readability of the section. No substantive 
changes are proposed.
    Section 110.53, United States address, records, and inspections. 
The proposed rule would clarify that both general and specific 
licensees are required to have an office in the United States where 
papers may be served and where records required by the Commission will 
be maintained. Also, it is proposed to add similar clarifying language 
to paragraph (b) of this section that license applicants and both 
general and specific licenses shall maintain records concerning its 
exports and imports. Clarifying language would also be added that 
byproduct material records must be retained for three years after the 
date of each export or import shipment.

Subpart F--Violations and Enforcement

    Sections 110.60, Violations, 110.66, Enforcement hearing, and 
110.67, Criminal penalties. Proposed changes would make non-substantive 
changes for purposes of consistency and clarification.

Subpart G--Public Notification and Availability of Documents and 
Records

    Section 110.70, Public notice of receipt of an application. The 
proposed rule would amend this section to clarify that the Commission 
will publish in the Federal Register a notice of receipt for 
applications for amendment or renewal for the export of the nuclear 
equipment and material listed in Sec.  110.70(b)(1) through (b)(5) and 
for applications for amendment or renewal for the import of radioactive 
waste. Once a notice has been published, the Commission would not 
publish in the Federal Register proposed minor amendments to the 
application or license. Proposed minor amendments would be posted on 
NRC's Web site.

Subpart H--Public Participation Procedures Concerning License 
Applications

    Section 110.80, Basis for hearings. The proposed rule would amend 
this section to correct the omission of the word import from the 
section. This change would clarify that the procedures in 10 CFR Part 
110 constitute the exclusive basis for hearings on export and import 
license applications.
    Section 110.81, Written comments. Proposed changes would clarify 
that 30 days after public notice of receipt of the application means 30 
days after the application is posted on the NRC Web site at https://www.nrc.gov or in the Federal Register for those applications required 
to be published in the Federal Register.
    Section 110.82, Hearing request or intervention petition. This 
section would be amended to add language stating that hearing requests 
and intervention petitions are considered timely when filed no later 
than 30 days after publication of notice on the NRC Web site. This 
change would be consistent with Sec.  110.70, which states that the 
Commission will notice the receipt of each specific license application 
for an export or import by making a copy available at the NRC Web site, 
https://www.nrc.gov. Paragraphs (c)(2) and (c)(3) would be renumbered 
accordingly.

Subpart I--Hearings

    Section 110.112, Reporter and transcript for an oral hearing. The 
proposed rule would clarify the scope of information that will be made 
available at the NRC Web site or Public Document Room. Any portions of 
the transcript for an oral hearing containing classified information, 
Restricted Data, Safeguards information, proprietary information, or 
other sensitive unclassified information will not be made available to 
the public.

Appendix L to Part 110--Illustrative List of Byproduct Material Under 
NRC Export/Import Licensing Authority

    Appendix L would be amended by revising the list of byproduct 
material to include several radionuclides that are now classified as 
byproduct material as a result of the Energy Policy Act of 2005, which 
expanded the definition of byproduct material in Section 11e. of the 
Atomic Energy Act.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum ``Plain Language in Government 
Writing'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible language. The NRC 
requests comments on this proposed rule specifically with respect to 
the clarity and effectiveness of the language used. Comments should be 
sent to the address listed under the ADDRESSES heading.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal Agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
using such a standard is inconsistent with applicable law or otherwise 
impractical. This action does not constitute the establishment of a 
standard for which the use of a voluntary consensus standard would be 
applicable.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this proposed rule.

[[Page 29621]]

Paperwork Reduction Act Statement

    This proposed rule decreases the information collection burden on 
licensees to update, clarify, and correct several provisions. The 
public burden for this information collection is estimated to be a 
reduction of 6 hours, which is insignificant. Because the burden for 
this information collection is insignificant, Office of Management and 
Budget (OMB) approval of the proposed rule is not required. Existing 
requirements were approved by the Office of Management and Budget, 
approval number 3150-0036.

Abstract

    The NRC is proposing to amend its regulations that govern the 
export and import of nuclear equipment and material. In addition to 
updating, clarifying, and correcting several provisions, the proposed 
rule would allow Category 1 and 2 quantities of material to be 
imported, and a general license.
    The U.S. Nuclear Regulatory Commission is seeking public comment on 
the potential impact of the information collections contained in this 
proposed rule and on the following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    A copy of the NRC Form 670, ``Information Required for Making an 
Insignificant Burden Determination To Support a Decision That OMB 
Clearance Is Not Required,'' may be viewed free of charge at the NRC 
Public Document Room, One White Flint North, 11555 Rockville Pike, Room 
O-1 F21, Rockville, MD 20852. The NRC Form 670 and rule are available 
at the NRC worldwide Web site: https://www.nrc.gov/public-involve/doc-comment/omb/ for 60 days after the signature date of this 
notice.
    Send comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
above issues, by July 23, 2009 to the Records and FOIA/Privacy Services 
Branch (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, or by Internet electronic mail to 
INFOCOLLECTS.RESOURCE@NRC.GOV and to Christine J. Kymn, the Desk 
Officer, Office of Information and Regulatory Affairs, NEOB-10202, 
(3150-0036), Office of Management and Budget, Washington, DC 20503. 
Comments received after this date will be considered if it is practical 
to do so, but assurance of consideration cannot be given to comments 
received after this date. You may also e-mail comments to Christine--
J.--KymnAomb.eop.gov or comment by telephone at 202-395-4638.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    The NRC is proposing to amend its regulations at 10 CFR Part 110 to 
update, clarify, and correct several provisions in an effort to improve 
NRC's regulatory framework for the export and import of nuclear 
equipment, material, and radioactive waste. Most of these changes are 
administrative in nature and would result in no changes to the 
information collection burden or costs to the public. In addition to 
updating, clarifying and correcting several provisions of 10 CFR Part 
110, this proposed rule would allow imports of Category 1 and 2 
quantities of material under a general license instead of a specific 
license. The proposed rule would also revise the definition of 
``radioactive waste.'' In addition, the Commission is proposing to 
delete the definition of ``incidental radioactive material'' and 
incorporate aspects of it in the revised definition of ``radioactive 
waste.'' These proposed changes to 10 CFR Part 110 will facilitate the 
licensing process for exports and imports of radioactive waste and 
improve the efficiency and consistency of licensing actions. These 
changes are not expected to result in a significant increase to the 
information collection burden or costs to the public.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, (5 U.S.C. 
605(b)), the Commission certifies that this rule would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule would affect only companies exporting or 
importing nuclear equipment, material, and radioactive waste to and 
from the United States and do not fall within the scope of the 
definition of ``small entities'' set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601(3)), or the Size Standards established by 
the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this rule because these amendments would not involve any provisions 
that would impose backfits as defined in 10 CFR Chapter I.

List of Subjects in 10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR Part 110.

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 134, 161, 181, 182, 183, 187, 189, 68 
Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec 5, 
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C. 2243); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005; Pub. L. 
109-58, 119 Stat. 594 (2005).
    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under 
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under 
sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also issued 
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). 
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).

    2. In Sec.  110.1, paragraphs (b)(2), (b)(3), (b)(4) and (b)(5) are 
revised to read as follows:

[[Page 29622]]

Sec.  110.1   Purpose and scope.

* * * * *
    (b) * * *
    (2) Persons who export uranium depleted in the isotope-235 and 
incorporated in commodities solely to take advantage of high density or 
pyrophoric characteristics. These persons are subject to the controls 
of the Department of Commerce under the Export Administration Act, as 
continued in force under Executive Order 13222 (August 22, 2001), as 
extended;
    (3) Persons who export nuclear referral list commodities such as 
bulk zirconium, rotor and bellows equipment, maraging steel, nuclear 
reactor related equipment, including process control systems and 
simulators. These persons are subject to the licensing authority of the 
Department of Commerce pursuant to 15 CFR Part 730 et seq.;
    (4) Persons who import deuterium, nuclear grade graphite, or 
nuclear equipment other than production or utilization facilities. A 
uranium enrichment facility is not a production facility for the 
purposes of import; and
    (5) Shipments which are only passing through the U.S. (in bond 
shipments) do not require an NRC import or export license; however, 
they must comply with the Department of Transportation/IAEA packaging, 
and State transportation requirements.
* * * * *
    3. In Sec.  110.2:
    a. The definition of ``Incidental radioactive material'' is 
removed;
    b. The definitions of ``Agreement for cooperation'', ``Atomic 
Energy Act'', ``Classified Information'', ``Conversion facility'', 
``Depleted uranium'', ``Effective kilograms of special nuclear 
material'', ``Embargoed'', ``Executive Branch'', ``General license'', 
``Heels'', ``Medical isotope'', ``Natural uranium'', ``Non-Nuclear 
Weapons State'', ``NRC Public Document Room'', ``Obligations'', 
``Physical security'', ``Radioactive waste'', ``Radiopharmaceutical'', 
``Recipient Country'', ``Restricted destinations'', and ``Specific 
license'' are revised; and
    c. The definitions of ``Bulk material'', ``Low-level waste 
compact'', and ``Nuclear Suppliers Group'' are added in alphabetical 
order.
    The revisions and additions read as follows:


Sec.  110.2   Definitions.

* * * * *
    Agreement for cooperation means any agreement with another nation 
or group of nations concluded under section 123 of the Atomic Energy 
Act.
    Atomic Energy Act means the Atomic Energy Act of 1954, as amended 
(42 U.S.C. 2011 et seq.).
    Bulk Material means any quantity of any one or more of the 
radionuclides listed in Table 1 of Appendix P to this part in a form 
that is:
    (1) Not a Category 1 radioactive source;
    (2) Not a Category 2 radioactive source;
    (3) Not plutonium-238; and
    (4) Deemed to pose a risk similar to or greater than a Category 2 
radioactive source.
* * * * *
    Classified Information means Classified National Security 
Information under Executive Order 12958, as amended, or any successor 
Executive Order and Restricted Data under the Atomic Energy Act.
* * * * *
    Conversion facility means any facility for the transformation from 
one uranium chemical species to another, including conversion of 
uranium ore concentrates to uranium trioxide (UO3), conversion of UO3 
to uranium dioxide (UO2), conversion of uranium oxides to uranium 
tetrafluoride (UF4) or uranium hexafluoride (UF6), conversion of UF4 to 
UF6, conversion of UF6 to UF4, conversion of UF4 to uranium metal, and 
conversion of uranium fluorides to UO2.
    Depleted uranium means uranium having a percentage of uranium-235 
less than the naturally occurring distribution of uranium-235 found in 
natural uranium (less than 0.711 weight percent uranium-235). It is 
obtained from spent (used) fuel elements or as byproduct tails or 
residues from uranium isotope separation.
* * * * *
    Effective kilograms of special nuclear material means:
    (1) For plutonium and uranium-233, their weight in kilograms;
    (2) For uranium enriched 1 percent or greater in the isotope 
uranium-235, its element weight in kilograms multiplied by the square 
of its enrichment expressed as a decimal weight fraction; and
    (3) For uranium enriched below 1 percent in the isotope uranium-
235, its element weight in kilograms multiplied by 0.0001.
    Embargoed means that no nuclear material or equipment can be 
exported to certain countries under an NRC general license. Exports to 
embargoed countries must be pursuant to a specific license issued by 
the NRC and require Executive Branch review pursuant to Sec.  110.41.
* * * * *
    Executive Branch means the Departments of State, Energy, Defense 
and Commerce.
* * * * *
    General license means an export or import license effective without 
the filing of a specific application with the Commission or the 
issuance of licensing documents to a particular person. A general 
license is a type of license issued through rulemaking by the NRC and 
is not an exemption from the requirements in this part. A general 
license does not relieve a person from complying with other applicable 
NRC, Federal, and State requirements.
    Heels means small quantities of natural, depleted or low-enriched 
uranium (to a maximum of 20 percent), in the form of uranium 
hexafluoride (UF6) left in emptied transport cylinders being returned 
to suppliers after delivery of the product.
* * * * *
    Low-level waste compact, as used in this Part, means a compact 
entered into by two or more States pursuant to the Low-Level 
Radioactive Waste Policy Amendments Act of 1985.
* * * * *
    Medical isotope, for the purposes of Sec.  110.42(a)(9), includes 
molybdenum-99, iodine-131, xenon-133, and other radioactive materials 
used to produce a radiopharmaceutical for diagnostic, therapeutic 
procedures or for research and development.
    Natural uranium means uranium as found in nature, containing about 
0.711 percent of uranium-235, 99.283 percent of uranium-238, and a 
trace (0.006 percent) of uranium-234.
* * * * *
    Non-Nuclear Weapon State means any State not a nuclear weapon State 
as defined in th